by Police Psychologist Dr. Laurence Miller
Q: I can face down a 250-pound, drugged-up skell without batting an eye. But – I hate to admit it – the thought of testifying in court gives me the jellies. Maybe it’s just been some bad experiences. Am I the only one who feels this way? Any recommendations for making my court time go easier?
A: You’re not alone. Many police officers and law enforcement agents cite testifying in an adversarial courtroom setting as one of the most stressful aspects of their jobs. While for some officers, such as traffic cops and criminal investigators, court testimony is regular part of their routine, for many others, it occurs more rarely in the course of their police work. And for a few officers, the prospect may be especially daunting because they may be the actual defendants in a criminal case or civil suit.
Preparing for Testimony
The best way to prepare for trial is to treat every law enforcement action you take as if you someday might have to testify about it in court. Understand the importance of proper record keeping and strive to develop a well-organized, standardized, and readable style for writing reports.
Draw pictures to help your description and to jog your memory, and don’t be afraid to supplement standard forms and checklists with your own words and illustrations if this will help you explain a potentially confusing scenario. That way, the info will be there, clear and sharp, when you need it.
When preparing for the actual trial date, carefully review your case. The more thoroughly you understand your facts and timelines, the easier it will be to answer questions thrown at you from “left field” because you won’t just be relying on rote memorization.
You’ll probably have one or more meetings with your attorney to go over your testimony in order to clarify what you have to say and agree on the best way to express it and respond to cross-examination from the other side. Rehearse your testimony. This should be both mental rehearsal, going over the facts of the case and your testimony in your head, and out-loud rehearsal, while driving in your car or in front of a mirror at home.
Remember that there is no such thing as too much preparation.
On the Stand
When testifying as a witness, arresting officer, criminal investigator, or in some other official capacity, your general attitude should be one of confidence but not cockiness. Maintain composure and dignity at all times.
To the average juror, a police officer conveys an air of authority and respect; use this to your advantage. Your general attitude toward the jury should convey a sense of collegial respect: you are there to present the facts as you know them to a group of mature adults who, you are confident, will make the right decision.
Pay attention to body language. Like your mother said, sit up straight and don’t slouch. If there’s a microphone in front of you, sit or move it close enough so that you don’t have to lean over every time you speak. Keep your presentation materials neatly organized in front of you, so you can find documents and exhibits when you need them.
On the stand, look at the attorney while he or she is questioning you, then switch your eye contact to the jury while answering the question; it’s them you have to establish a connection with, and jurors tend to find witnesses more credible when they “look straight at us.” Be neither overly casual nor overly intense. Open, friendly, and dignified are the attitudinal words to remember.
Speak as clearly, slowly, and concisely as possible to be understood. Keep sentences short and to the point. Keep your voice tone steady and use a normal conversational tone.
Listen carefully to each question before you respond. If you don’t fully understand the question, ask the attorney to repeat it or rephrase it. Take as much time as you need to compose your thoughts. Answer the question completely, but don’t over-elaborate or ramble.
Above all, be honest and don’t try to bluff your way out of a tricky question. If you don’t know the answer, state plainly, “I don’t know.”
The opposing attorney will try to seize on omissions and inconsistencies in your testimony and use these to discredit you. That’s his or her job – don’t take the bait. Avoid becoming defensive or hostile and continue to maintain your composure and dignity.
Attorneys will also try to phrase questions in a way that constrains your answers in the direction they want you to go. If you feel you cannot honestly answer the question by a simple yes-or-no answer, say so: “Sir/Ma’am, if I limit my answer to yes or no, I will not be able to give factual testimony. Is that what you wish me to do?”
Sometimes, the attorney will voluntarily reword the question. If he or she presses for a yes-or-no answer, at that point either your attorney will pop up to voice an objection or the judge will intervene. The latter may instruct the cross-examining attorney to allow you more leeway in responding, or to rephrase his or her question, or the judge may simply order you to answer the question as it has been asked, in which case that’s what you do, with a resigned but respectful look on your face.
Law Enforcement Officer as Defendant
You hope it never happens to you, but it’s always a possibility that hangs over every cop’s head: you become the defendant in a criminal or civil case.
Once again, you may be called upon to testify in court, and the general principles of testimony outlined above still apply. But this time the personal stakes are higher and the guidelines are a little different.
Now your role switches from dispassionate fact or expert witness to the person on trial. You may not be afforded the same deference and respect you were in your official police officer witness role. Accordingly, your demeanor, while still professional, should shade slightly more to the deferential and humble side.
This doesn’t mean groveling to the jury, but your attitude should convey that you are confident in putting your fate in their hands and are trusting them to do the right thing. Above all, don’t cop an attitude and get snippy – like it or not, your fate is in their hands.
A special issue relates more directly to the role of psychologists in the legal process. It is not uncommon for officers who have been criminally charged or civilly sued to have undergone psychological counseling, stress debriefing, a psychological fitness-for-duty evaluation, or other mental health services.
This raises issues of confidentiality and admissibility of psychological records.
In my experience, it is rare for courts to order the release of confidential mental health records, except under the most extreme circumstances. Still, because this can never be entirely ruled out, the advice I give my patients who are undergoing any kind of legal charges is this: You can tell me about your feelings, you can describe your symptoms, we can discuss your efforts to cope with your ordeal. But if there is any piece of factual case evidence that you’re not sure you should reveal, ask your lawyer first.
And if your attorney advises you not to tell me, then don’t. We can still do productive psychotherapy without my having to know every technical detail and, that way, if I’m subpoenaed to testify, neither you nor I are put in the position of having to worry about revealing a secret that you never told me in the first place.
Finally, remember that most citizens, including most jurors, want to believe that the people they place their trust in – doctors, police officers, public officials – have their best welfare in mind. This means that they will mentally bend over backward to give you the benefit of the doubt if you can give them a credible reason to trust you.
It also means that if you cross them through dishonesty or flagrant disrespect, they may come down on you especially hard for betraying that trust. So prepare carefully for your case, be clear and honest in your testimony, maintain dignity and decorum, and in most cases the system will work for you.
NOTE: For more in-depth coverage of this subject, with case examples, please see the October 2006 FBI Law Enforcement Bulletin
If you have a question for this column, please submit it to the Practical Police Psychology Column.
Disclaimer: This article is for informational purposes only and is not intended to provide specific clinical or legal advice.
